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STATE v. McJIMSEY

No. SC07-1778.

999 So.2d 1062 (2009)

STATE of Florida, Petitioner, v. Troy McJIMSEY, Respondent.

Supreme Court of Florida.

January 15, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, and Celia Terenzio, Bureau Chief, and Daniel P. Hyndman, Assistant Attorneys General, West Palm Beach, FL, for Petitioner.

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.

LEWIS, J.

We have for review McJimsey v. State, 959 So.2d 1257 (Fla. 4th DCA 2007), which expressly and directly conflicts with the Third District Court of Appeal's decision in Martinez v. State, 933 So.2d 1155 (Fla. 3d DCA 2006), approved, 981 So.2d 449 (Fla.2008). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

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